Free Speech Coalition, Inc. v. Attorney General United States

We face a conundrum in this case in that we have two diametrically opposed Supreme Court precedents regarding the level of scrutiny to be applied. While reasonable minds definitely do disagree on this issue, I must respectfully dissent from the majority’s conclusion that Reed v. Town of Gilbert, Arizona, — U.S. ——, 135 S.Ct. 2218, 192 L.Ed.2d 236 (2015), controls this case rather than the Supreme Court’s jurisprudence establishing the secondary effects doctrine. In declining to apply the doctrine here, the majority reasons that “any application of [it] beyond what the Supreme Court has…